Legislation
SECTION 27-1513
Requirements for regulated medical waste treatment, storage and disposal facility
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 27, TITLE 15
§ 27-1513. Requirements for regulated medical waste treatment, storage
and disposal facility.
1. Any person who operates a facility for the treatment, storage or
disposal of regulated medical waste shall have a valid and appropriate
solid waste management facility permit issued by the department; except
that a solid waste management facility permit shall not be required for
operation of an on-site facility that is operated by a health care
facility licensed pursuant to the public health law that is utilized to
treat, store or dispose of regulated medical waste of the health care
facility or of other generators of regulated medical waste, pursuant to
written agreements with or among such other generators that shall be
filed with the department of health and the department.
2. The operator of any facility used for the treatment, storage or
disposal of regulated medical waste not in a category specified in
subdivision one of this section shall have and shall adhere to an
operation plan for the handling and disposal of regulated medical waste
approved by the department. The operation plan shall include the
following:
a. A method of receiving wastes which ensures that regulated medical
wastes are handled separately from other wastes until treatment or
disposal is accomplished and which prevents unauthorized persons from
having access to or contact with the waste.
b. A method of unloading and processing of regulated medical wastes
which limits the number of persons handling the wastes and minimizes the
possibility of exposure of employees and the public using or visiting
the facility to regulated medical waste.
c. A method of decontaminating emptied reusable regulated medical
waste containers, transport vehicles or facility equipment which are
known or believed to be contaminated with regulated medical waste.
d. The provision and required use of gloves and other protective
clothing as shall be required by the department.
e. The means of decontamination of any person having had bodily
contact with regulated medical waste while transporting the waste to the
treatment or disposal site or while handling or disposing of the waste
at the site.
f. A quantification of the maximum amount of regulated medical waste
to be treated, stored, or disposed of per month.
3. A new or revised operation plan for treatment, storage or disposal
of regulated medical waste shall be prepared whenever there is an
increase of more than twenty-five percent in the maximum quantity of
regulated medical waste receiving treatment, storage or disposal per
month by the facility or when changes are otherwise made in an existing
operation plan.
4. Approval for acceptance of regulated medical waste at a treatment,
storage or disposal facility may be withdrawn by the department for
noncompliance with the operation plan.
5. As a condition of approval for such permit, any person who operates
a facility for the treatment, storage and disposal of regulated medical
waste shall provide:
(a) proof of liability insurance or other form of financial security
deemed sufficient by the commissioner to meet all responsibilities in
case of release of such waste causing damage; and
(b) certification that such activities conform with existing local
zoning laws or ordinances.
and disposal facility.
1. Any person who operates a facility for the treatment, storage or
disposal of regulated medical waste shall have a valid and appropriate
solid waste management facility permit issued by the department; except
that a solid waste management facility permit shall not be required for
operation of an on-site facility that is operated by a health care
facility licensed pursuant to the public health law that is utilized to
treat, store or dispose of regulated medical waste of the health care
facility or of other generators of regulated medical waste, pursuant to
written agreements with or among such other generators that shall be
filed with the department of health and the department.
2. The operator of any facility used for the treatment, storage or
disposal of regulated medical waste not in a category specified in
subdivision one of this section shall have and shall adhere to an
operation plan for the handling and disposal of regulated medical waste
approved by the department. The operation plan shall include the
following:
a. A method of receiving wastes which ensures that regulated medical
wastes are handled separately from other wastes until treatment or
disposal is accomplished and which prevents unauthorized persons from
having access to or contact with the waste.
b. A method of unloading and processing of regulated medical wastes
which limits the number of persons handling the wastes and minimizes the
possibility of exposure of employees and the public using or visiting
the facility to regulated medical waste.
c. A method of decontaminating emptied reusable regulated medical
waste containers, transport vehicles or facility equipment which are
known or believed to be contaminated with regulated medical waste.
d. The provision and required use of gloves and other protective
clothing as shall be required by the department.
e. The means of decontamination of any person having had bodily
contact with regulated medical waste while transporting the waste to the
treatment or disposal site or while handling or disposing of the waste
at the site.
f. A quantification of the maximum amount of regulated medical waste
to be treated, stored, or disposed of per month.
3. A new or revised operation plan for treatment, storage or disposal
of regulated medical waste shall be prepared whenever there is an
increase of more than twenty-five percent in the maximum quantity of
regulated medical waste receiving treatment, storage or disposal per
month by the facility or when changes are otherwise made in an existing
operation plan.
4. Approval for acceptance of regulated medical waste at a treatment,
storage or disposal facility may be withdrawn by the department for
noncompliance with the operation plan.
5. As a condition of approval for such permit, any person who operates
a facility for the treatment, storage and disposal of regulated medical
waste shall provide:
(a) proof of liability insurance or other form of financial security
deemed sufficient by the commissioner to meet all responsibilities in
case of release of such waste causing damage; and
(b) certification that such activities conform with existing local
zoning laws or ordinances.